Classification: employee

**Controlling approach:** Where a valid, comprehensive written contract is not a sham and has not been varied, classification turns on the contractual rights and obligations—not the parties’ label or their subsequent conduct. The leading case is *CFMMEU v Personnel Contracting Pty Ltd* [2022] HCA 1.

**Practical consequence:** The labour-hire company must pay applicable employee minimum wages and other award entitlements.